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Center for Biological Diversity v. United States Forest Service

The Ninth Circuit affirmed dismissal of a lawsuit alleging the Forest Service was liable as a contributor under RCRA for failing to regulate use of lead ammunition by hunters in Kaibab National Forest. Environmental groups argued that, even though the Service's activity was not the direct source of ...

Solar Energy Industries Ass'n v. Federal Energy Regulatory Commission

The Ninth Circuit granted in part and denied in part a petition to review FERC orders that altered which facilities qualify for benefits under the Public Utility Regulatory Policy Act (PURPA) and how those facilities are compensated. An industry group and several environmental groups argued the orde...

Texas v. Nuclear Regulatory Commission

The Fifth Circuit granted oil and gas interest groups' and the state of Texas' petition to review NRC's issuance of a license to a private company to operate a temporary storage facility for spent nuclear fuel on the Permian Basin. Petitioners argued, among other things, that NRC lacked statutory au...

Lost in Transmission: How to Bring More Clean Energy Onto the Grid

The Inflation Reduction Act and other policies are pushing solar, wind, and other clean energy technologies into the marketplace. But these generators struggle to make the physical connection to the electricity market because interconnection is proving to be a bottleneck; over 2,000 gigawatts of capacity are waiting to connect to the grid. This Article examines the Federal Energy Regulatory Commission’s (FERC’s) regulations that govern the entry of new generation resources onto the grid.